Berlin v State

Berlin v State
1925 OK CR 135
233 P. 1094
29 Okl.Cr. 373
Decided: 03/12/1925
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Time and Procedure for Appeal in Misdemeanor Cases.

Appeal from County Court, Pawnee County; L.N. Kimrey, Judge.

Lon Berlin and Steve Berlin were convicted of unlawfully transporting intoxicating liquor, and they appeal. Appeal dismissed.

Rowe & Besly, for plaintiffs in error.

George F. Short, Atty. Gen., and N.W. Gore, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiffs in error, Lon Berlin and Steve Berlin, were convicted on a charge of unlawfully conveying intoxicating liquor, and in accordance with the verdict of the jury were each sentenced to be confined in the county jail for 60 days and to pay a fine of $100. To reverse the judgment rendered, on July 14, 1923, an appeal was attempted to be taken by filing in this court on November 12, 1923, a petition in error with case-made attached.

The Attorney General, July 1, 1924, filed a motion to dismiss the appeal as follows:

"The judgment and sentence of the court shows from the record to have been made and entered on the 14th day of July, 1923, and this pretended appeal shows to have

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been filed in the office of the clerk of the Criminal Court of Appeals on November 12, 1923, 121 days after the date of the judgment and sentence; no jurisdiction being conferred upon this court by the filing of said appeal as the statutory time had elapsed."

Section 2808, Comp. Stat. 1921, provides:

"In misdemeanor cases the appeal must be taken within sixty days after the judgment is rendered: Provided, however, that the trial court or judge may, for good cause shown, extend the time in which such appeal may be taken not exceeding sixty days."